Section 327IAC5-3-10. Terms requested by the corps of engineers and other governmental agencies

   (a) If the district engineer of the corps of engineers advises the commissioner in writing during the public comment period that anchorage and navigation of any of the waters of the United States would be substantially impaired by the granting of a permit, the permit shall be denied and the applicant so notified. If the district engineer advises the commissioner that imposing specified conditions upon the permit is necessary to avoid any substantial impairment of anchorage or navigation, then the commissioner shall include the specified conditions in the permit. Review or appeal of a denial of a permit or of conditions specified by the district engineer shall be made through the applicable procedures of the corps of engineers, and may not be made through the procedures provided in this rule (327 IAC 5-3).

  (b) If during the comment period the U.S. fish and wildlife service or any state or other federal agency with jurisdiction over fish, wildlife, or public health advises the commissioner in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the commissioner may include the specified conditions in the permit to the extent the commissioner determines they are necessary to carry out the provisions of the CWA and applicable state law.

  (c) In appropriate cases the commissioner may consult with one (1) or more of the agencies referred to in this section before issuing a draft permit and may reflect their views in the statement of basis, the fact sheet, or the draft permit. (Water Pollution Control Division; 327 IAC 5-3-10; filed Sep 24, 1987, 3:00 pm: 11 IR 639; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)